Categories
Car Accidents

How does fault work in a Tennessee auto accident?

Tennessee maintains fault laws for auto accident liability. If the investigation determines that a driver caused the accident, he or she has responsibility for the financial costs such as medical bills and property damage. 

If you or a loved one has suffered a serious injury in an auto accident, explore the process for seeking legal damages. 

Modified comparative negligence 

According to this standard, a person can recover damages after an accident if he or she has only partial fault. For example, if the investigation finds that you had 30% of the fault and the other driver had 70%, the insurance company and/or court will reduce the damage amount by 30%. 

Factors in fault determination 

Most fault decisions start with the insurance adjuster. When an auto accident occurs, you must file a claim with the insurance company to cover the costs of the crash. The adjuster will review evidence of careless driving, evidence of traffic law violations, witness and motorist testimony including admissions of guilt, and the police report from the accident. If either party disagrees with the fault determination of the insurance company, he or she can file a lawsuit, during which the judge and/or jury will determine fault. 

Auto insurance limits 

Tennessee requires drivers to carry at least $25,000 per individual in personal injury and wrongful death auto insurance, $50,000 total injury and wrongful death coverage per accident and $10,000 in property damage coverage per accident. If another driver was at fault and your costs exceed these amounts, you can seek the remainder of your damages in court. However, you only have one year to file a lawsuit for personal injury and three years for property damage, starting from the date of the accident. 

Before filing a claim with the other driver’s insurance company, make sure that you understand the full extent of your possible damages. Tennessee allows accident victims to recover both monetary and non-monetary costs, including medical bills, lost wages, emotional distress, and pain and suffering. 

Categories
Motorcycle Accidents

How do I obtain a report for my car accident?

In the moments after a car accident, your focus is usually on making sure everyone is okay, seeking medical attention and getting your vehicle to a garage for repairs. However, you also have to deal with law enforcement and your insurance company. This means ensuring that you get an accident report. Your insurance will need the report to process your claim.

The Tennessee Department of Safety & Homeland Security explains there are a few different ways that you can get your accident report. You can always send a request by mail to the department’s Financial Responsibility Division. You will need to include a check or money order to pay the small fee and your address or the address to which you want the report sent.

Another quicker option is to go online. It does have a slightly higher fee for this service and you will need to pay with a credit card. The system will not accept prepaid cards or debit cards without a Visa, Mastercard, American Express or Discover logo. You will need to know specific information to get the report. This includes your driver’s license number, date of the accident, the reporting agency and either the license plate number, case or tracking number or your vehicle’s VIN.

The last option for securing an accident report is to request one in person at a Tennessee Highway Patrol office or the office of the investigating agency. Again, you will pay a small fee for processing, and you will have to provide information about yourself and the accident. Each agency may have different operating hours during which you can get a report, so it is best to call ahead.

Categories
motor vehicle accidents

What to expect when filing an insurance claim after a car crash

Knoxville is teeming with people at all hours. Whether you do most of your road travel during the daytime or overnight, you can bet you will not feel alone out on the roadways. 

Unfortunately, car accidents happen daily on the roads as well, especially in areas where the traffic clogs. If you have never experienced an accident firsthand, you may not know what to expect in the moment or the aftermath. Understanding what to expect after a crash can help you keep your senses about you when facing a scary and possibly traumatic experience. 

Managing the accident scene 

As soon as you are able after a crash, make sure that everyone else is safe. You may find yourself in a bad spot in the roadway where it is hazardous to remain. Before you move the vehicles out of the way, snap a few pictures of the scene. These photos may become an integral part of the accident investigation, especially if the driver at fault does not take responsibility. After moving the vehicles to safety, make sure you get copies of the other driver’s insurance information and license. 

Calling your insurance company 

Soon after you leave the scene, you ought to call your insurance company to report the accident. While this is a crucial step, it is important to know more about the process before you jump right to the phone. 

Your insurance company is your advocate, and if the collision is due to the other driver, your insurer will do what it can to collect. However, part of the claims process is speaking on a recorded line to both your insurance company and the other driver’s. If you have any doubts about what transpired, you may want to speak with an attorney before making that statement. You may report the accident to your insurer but defer the recorded statement until you find a representative to help. 

The damages suffered by you and your property may add up quickly. Going through the insurance claims process with an ally can help. 

Categories
motor vehicle accidents

Does hands-free technology really improve safety?

Across Tennessee, there has been a push to lessen distracted driving. People are trying to combat these risks with hands-free technology. But just how much does this technology actually do to improve safety?

The National Safety Council itself has stated that hands-free is not risk-free. This campaign slogan implies that hands-free technology does improve driver safety. In fact, there has not been a significant reduction in distracted driving incidents. This is in spite of claims that hands-free technology makes driving much safer.

Hands-free technology is risky because it is still a form of distracted driving. To drive safely, you must have your eyes and mind on the road and your hands on the wheel. Hands-free driving only addresses one of these concerns. Even with your hands on the wheel, your eyes may be on the screen. Even if your eyes are on the road, your mind may be on the conversation.

Other studies showed that conversation reduces a driver’s field of vision. Sometimes, the reduction can be drastic. When engaged in conversation, drivers reportedly missed up to 50 percent of what they drove by. This is like driving with half of your windshield or rear-view mirror covered. Needless to say, this is not the safest way to be driving.

The best way to avoid distracted driving crashes is to limit in-vehicle distractions. This includes keeping devices out of the vehicle or turning them off when driving. Unfortunately, hands-free devices are not a cure for the distracted driving epidemic. While they may help in some instances, you should not rely on them.

Categories
Truck Accidents

Tanker truck carrying hazardous chemicals overturns on I-40

Truck accidents are an unfortunate occurrence on Tennessee roadways. With the increase in trucks on the roads, it is bound to happen regularly. However, when a truck accident occurs, even if it is not an injury accident, it still causes issues for everyone else on the roads. This is especially true if the truck is carrying hazardous materials. 

A good example of how such an accident can bring traffic to a standstill is what happened to a tanker truck on December 15, 2019. Right before 5:00 a.m., reports came in that a tanker truck had turned over in the median on I-40 after a crash. The truck did not completely flip over, but was rather leaning into the median, which prevented the driver from moving it any further. There were injuries in the accident, which involved another vehicle, but there were no updates on the severity or current status of the individuals involved. 

The main issue with this accident was not the large truck blocking the roadway as it was not across all lanes, but rather that it was carrying hazardous materials. If a spill were to happen, it would completely close the roadway for quite some time. 

To fix the accident, road crews had to carefully remove the truck from the median and get it back onto the road without causing any further damage or spilling its contents. This was a precarious process that took crews hours to accomplish. During this time, officials closed I-40 at I-640 heading west of the accident scene. 

An accident with a large truck is a scary situation even if it only involves minor injuries and property damage. The risks are quite high for catastrophic injuries and even death, especially in an accident involving a truck carrying hazardous materials. 

Source: WATE 

Categories
Uncategorized

Illicit drugs are not the only ones that affect one’s ability to drive

Many Tennessee drivers understand that not only is taking drugs, like cocaine, heroine and marijuana, illegal, but they also affect driving ability. Not as many drivers, however, realize that prescription medication and over-the-counter drugs can negatively affect driving as well. As a result, drugged driving can result in a DUI and/or serious accidents. 

According to the National Institute on Drug Abuse, almost 20% of impaired drivers tested positive for opioid drugs. In fact, opioid use can double the chances of getting into a crash due to reported side effects such as diminished judgment, drowsiness and impaired thinking. These are also side effects of other prescription drugs, such as benzodiazepines, which also cause dizziness. 

The two age groups that tend to drive under the influence of drugs more often are teenagers and older adults. Teens have less experience on the road, and they often practice more risky driving behavior, such as speeding. Many older adults take multiple medications, are not able to break them down as fast and may take the incorrect dosage, which leads to intoxicated driving. 

Along with opioids and benzodiazepines, the FDA lists additional prescription and OTC drugs that can negatively affect driving ability. These include: 

  • Antidepressants 
  • Antiepileptic and antipsychotic drugs 
  • Codeine-containing meds 
  • Stimulants such as diet and caffeine pills 
  • Sleeping pills and muscle relaxants 
  • Certain allergy and cold remedies, such as antihistamines 

The FDA warns that the effects of some drugs, such as sleeping pills, can linger into the next morning. Combining any of these meds, or taking in conjunction with alcohol, also intensifies their effects. 

Categories
Injuries

Tennessee damages cap may change

The Tennessee Supreme Court heard arguments in September 2019 regarding the damages cap for personal injury lawsuits in this state. Currently, 30 of the 50 states in America have caps on the amount of money that the judge can award in a personal injury case.

The trouble is that a cap can interfere with the jury’s verdict. In several recent cases, the jury ruled to award amounts larger than the cap. The plaintiff will never receive that money, though, if the damages cap does not change.

The constitutionality of a damage cap

Some Tennessee individuals argue that the damages cap is unconstitutional because it interferes with the right to a trial by jury. If the cap determines the amount of the reward, the jury’s ruling does not matter. Individuals harmed by a defective product or unsafe business practices may decide not to bring up a lawsuit because they mistakenly think that the attorney’s fees will be more than the $750,000 in damages that the suit might garner.

If the Tennessee Supreme Court does decide to remove the cap, it will follow 11 other states who have ruled damages cap laws unconstitutional. It also may even the playing field for lower-income individuals seeking personal injury claims. At this time, the damages cap in Tennessee mainly applies to two types of damage awards.

Punitive damages

Tennessee caps punitive damages at $750,000. This applies to cases where the jury finds the defendant guilty of negligence, reckless behavior or outrageous conduct. These damages act as a punishment for the person at fault more than as compensation for the injured person. Punitive damages alert the guilty parties to the severe consequences of their actions.

Noneconomic damages

Tennessee also caps noneconomic damages at $750,000. These refer to pain, suffering or mental anguish experienced after an injury. For many who unfortunately are the victim of an accident, the road to recovery is long and can include costs far beyond the medical bills. Noneconomic damages seek to make restitution for that suffering.

Categories
motor vehicle accidents

Why do so many people die from motor vehicle accidents?

It is no secret that driving or riding in a vehicle is a dangerous activity. However, it is something most people do every single day. For the majority of people in Tennessee, driving or riding in a vehicle is a necessary activity because they need to commute to work, take the children to and from school, visit the doctor’s office, go grocery shopping or do other things they must do. What this means is there is a very high number of vehicles on the roadways every day, and accidents happen all the time. While most are minor and do not result in serious injuries, there are some that end up being fatal. It is everyone’s responsibility to try to figure out how to prevent and stop fatal accidents.

This duty starts with understanding why so many people die from motor vehicle accidents. The Centers for Disease Control and Prevention explain the U.S. has an incredibly high rate of death from motor vehicle accidents that other high-income countries do not. The two leading causes of fatal accidents are drunk driving and speeding.

There are also a lot of risk factors in the U.S. that lead to serious accidents. Behind drunk driving and speeding is not wearing seat belts. These safety devices save lives as shown time and again by statistics. Yet, many people do not use them.

There is also an increasing number of people who drive distracted. When driving, you should focus only on that task. You should not look at your cell phone or even fiddle with the radio. You need your whole mind on driving and your eyes on the road.

Every cause of a fatal car accident is preventable. This makes it so frustrating when these accidents happen. It is why every driver must take responsibility, follow the laws and be a safe driver. This information is for education and is not legal advice.

Categories
Uncategorized

Why is distracted driving so risky?

Residents of Tennessee like you deal with risks on the road every day. Some of the biggest risks come in the form of distracted drivers, who are engaging in a behavior that is dangerous in many different ways. 

First, distracted driving is dangerous because it can take your hands off of the wheel. This is true for everything from texting to eating. Even taking your hand from the wheel long enough to change the temperature or adjust your radio station could be enough to cause you to crash. Taking a single hand from the wheel can result in a loss of fine control that could have helped you avoid any incidents. 

Second, it takes your eyes off of the road. When you travel 60 miles per hour, you cross the distance of a football field in 3 seconds. This means that even glancing down at your phone to read a text message can result in you crashing into another vehicle or even drifting into another lane of traffic or off of the road entirely. 

Finally, it can take your mind off of driving. This lowers your reaction times and makes it harder for you to spot danger that you may have otherwise noticed in advance. As with the other two categories, this can therefore increase your chances of getting into a crash that you may have avoided. 

If you are interested in taking a more in-depth look into distracted driving and the related risks, consider viewing our web page on motor vehicle accidents. We closely examine all aspects related to it. 

Categories
Injuries

Why do women have a harder time getting an accurate diagnosis?

When it comes to feeling your best and taking proper care of your health, regularly visiting your Tennessee-area physician can be a necessity. But what do you do when, as a woman, you feel your current doctor cannot provide you with proper treatment or answers regarding a health issue? A missed, inaccurate or late diagnosis can result in unnecessary suffering, treatment and spending.

WebMD shines a light on the matter. Hopefully, you can learn how to protect your peace of mind and your health when your doctor drops the ball.

Insufficient research

Initially, the male body was the standard in medical research, meaning that discoveries could be unique to the male body. Even today, there is a lack of research aimed specifically at how disease and health differ in women’s bodies. This has resulted in a multitude of misunderstandings, confusion and unanswered questions surrounding how to provide proper treatment for women.

Opposing symptoms 

Even if a male and female patient both have the exact same medical condition, they can present different symptoms. Doctors unfamiliar with such different symptoms may mistakenly believe that a woman has a completely different condition. For instance, rather than the typical chest pain associated with a heart attack in men, a woman may instead experience neck pain, indigestion or trouble breathing. Women themselves may not realize their difference in symptoms, which can lead them to not seeking medical attention when they need it.

Downplaying concerns

Sometimes, doctors make women feel like they blow symptoms and medical concerns out of proportion, or that any discomfort they experience with something like their period is normal and nothing to pursue treatment for. If women do not push nurses and doctors to run tests or take their concerns seriously, or if medical professionals refuse to take a patient’s concerns seriously, the situation could become life-threatening.

Race

There are times when women of color have a harder time receiving a proper medical diagnosis because of their race. Some medical conditions are more common in black women when compared to white women.